Defenses - Mistake of Law

Question 1

Mistake of Law (governing and non-governing)

Answer 1

D satisfies the mens rea and acts reus, however D was ignorant of the law

Question 2

Mistake of Governing Law

Answer 2

Ignorance is no excuse for mistake of governing law.

*Official Statements Exception: D can raise this exception when D relies on information from a
Baker case: D sells counterfeit watches and says he did not know it was illegal to “deal in goods” = cannot raise defense.
Hopkins case: Reverend performs marriages after talking with lawyer to find out what is against the law and what is not. Cannot raise defense.

Question 3

Mistake of Non-Governing Law

Answer 3

This defense can be used in specific intent crimes in which D did not know they were violating a particular piece of the statute (like a counterfeit ut the counterfeit was made so well that D did not realized he was selling counterfeit)

• Bray – D buys gun not realizing another state had given him a felony
• Cheek – D doesn’t pay taxes because he doesn’t think they apply to him based on his research and studies. Court says he should have known based on research that he needed to pay, and that there are other ways to dispute paying taxes.
• *Narrow Exception for Complicated Federal Statutes: if it contains a willful mens rea and is a large cumbersome federal statute D can succeed with defense (environmental, securities, tax etc.)

Question 4

MPC

Answer 4

Ignorance is no excuse!
Exceptions:
- “ignorance or mistake” -> a belief that conduct does not violate law – is a defense when based on reliance on official statement of law (official reliance exception captured in the MPC)
- Mistake of non-governing law - Treated the same way as mistake of fact, any that negates mens rea then you are not guilty (if statute says you are a felon but you don’t know you are a felon, you win defense)
*MPC does not adopt the Cheek exception